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01/10/2011 surface of the face piece and the face or that interferes with valve function, or any condition that interferes with the face to face piece seal or valve function. Therefore, mustaches, or other facial hair, are not to interfere with the seal or valve function of a face mask. 20.3 Each employee covered by this MOU agrees to comply with all safety rules and regulations in effect and any subsequent rules and regulations that may be adopted. Employees further agree that they will report all accidents and safety hazards to the appropriate management official immediately. Any employee having knowledge of, or who is a witness to, an accident shall, if requested, give full and truthful testimony as to same. 20.4 The Union may appoint two (2) employees of the Fire Department to the Fire Department Safety Committee. SECTION 21— GRIEVANCE PROCEDURE 21.1 "Grievance" Defined A grievance shall be defined as any dispute arising during the term of the MOU which involves the interpretation or application of any provision of this MOU during its term, excluding all ordinances, resolutions, rules and regulations, the subject of which is not specifically covered by the provisions of this MOU. Such excluded ordinances, resolutions, rules and regulations shall not be subject to the grievance procedure. 21.2 Grievance Level I - Initial Discussions Any employee who believes that he /she has a grievance shall present his /her complaint to the top management official in the department in which he /she works, or with such subordinate management official as the department head may designate. The grievance must be presented within ten (10) days after the grievant knew, or reasonably should have known, of the circumstances which form the basis for the grievance. If the issue is not resolved within the department, or if the employee elects to submit his /her grievance directly to an official of the employee organization which is formally recognized as the representative of the classification to which he /she is assigned, the procedures hereafter specified may be invoked. 21.3 Grievance Level II - Referral to Human Resources Director Any union represented employee or any official of the employee organization which has been formally recognized by the City and which has jurisdiction over any position directly affected by the grievance, may notify the Human Resources Director and the Department Head in writing that a grievance exists, and in such notification state the particulars of the grievance and if possible the nature of the determination which is desired. 97 Page 53 #15077 MUFF # 905